Attempted Murder, Actions Of The Defendants In Unison
Case No.:
Decision No.:
COURT OF APPEALS
1st Criminal Chamber
2014/3571
2014/4856
Date of Decision: 03.11.2014
T.C.
COURT OF APPEALS DECISION
Court of Appeals Decision
Notification No.: 3 – 2013/32764
COURT: Erzurum 1st Heavy Criminal Court
DATE AND NO: 08/11/2012, 2012/71 (E) and 2012/272 (K)
CRIME: Intentional assault
IN THE NAME OF THE TURKISH NATION
1) The request of the defendant Murat’s defense attorneys for a hearing to review the amount of the sentence imposed was rejected.
2) The evidence gathered was examined at the hearing, and the actions of the defendants Bilal, Rıdvan, and Murat toward the victim Ömer were found to be proven. The nature of the mitigating circumstances regarding the sentence was determined, their defenses were rejected on convincing grounds, and no inaccuracies were found in the rulings issued based on the reviewed file, except for grounds for reversal. Therefore, the appeals of the defendant Rıdvan and his defense counsel, which were not based on any grounds, and the appeals of the defendant Bilal and his defense counsel and the defendant Murat and his defense counsel, which were based on the evidence, were rejected.
However;
According to the facts and the contents of the file, the victim Ömer, along with his friend, the witness Kadir, went to the location where the defendants were on the day of the incident to discuss the assault on Kadir by the defendant Rıdvan the day before.
to the location where the defendants were present. During the ensuing argument, which escalated into a fight, the defendants acted in concert to attack the victim, inflicting a total of four knife wounds, one of which penetrated the abdomen and another the
thoracic cavity, causing treitz injury, pneumothorax, and life-threatening injuries.
The defendants acted in concert, exercising control over the act, and participated in the crime under Article 37/1 of the Turkish Penal Code No. 5237. Based on the nature of the weapon used, the number and severity of the blows, and the resulting injuries, their intent was directed toward causing death. Therefore, it was necessary to decide that all three defendants should be punished for attempted murder under Articles 81 and 35 of the Turkish Penal Code.
However, an error was made in the classification of the crimes, and a verdict was reached for intentional assault, which necessitated a reversal. The appeals of the defendants Rıdvan, Bilal, and their defense attorneys, as well as the defense attorneys of the defendant Murat, are deemed valid for these reasons. Therefore, contrary to the opinion in the notification, the rulings are overturned in accordance with Article 326/final of the Code of Criminal Procedure (CMUK), and a unanimous decision was made on November 3, 2014.